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ORGANIC LAW OF THE PEOPLE'S COURTS

    Chapter III  Judicial and Other Personnel of People's Courts

Chapter I  General Provisions

    Article 1  The people's courts of the People's Republic of China are the
judicial organs of the state.

    Article 2  The judicial authority of the People's Republic of China is
exercised by the following people's courts:

    (1) local people's courts at various levels;

    (2) military courts and other special people's courts (revised on
September 2, 1983); and

    (3) the Supreme People's Courts.

    The local people's courts at various levels are divided into: basic
people'scourts, intermediate people's courts and higher people's courts.

    (Paragraph 3 was deleted on September 2, 1983)

    Article 3  The task of the people's courts is to try criminal and civil
cases and, through judicial activities, to punish all criminals and settle
civil disputes, so as to safeguard the system of dictatorship of the
proletariat, maintain the socialist legal system and public order, protect
socialist property owned by the whole people, collective property owned by
working people and the legitimate private property of citizens, the citizens'
right of the person and their democratic and other rights, and ensure the
smooth progress of the socialist revolution and socialist construction in the
country.

    The people's courts, in all their activities, educate citizens in loyalty
to their socialist motherland and voluntary observance of the Constitution and
the law.

    Article 4  The people's courts shall exercise judicial power
independently, in accordance with the provisions of the law, and shall not be
subject to interference by any administrative organ, public organization or
individual. (Revised on September 2, 1983)

    Article 5  In judicial proceedings in the people's courts, the law is
applied equally to all citizens, regardless of ethnic status, race, sex,
occupation, family background, religious belief education, property status or
length of residence. No privilege whatsoever is allowed.

    Article 6  Citizens of all nationalities have the right to use the spoken
and written languages of their own nationalities in court proceedings. The
people's courts shall provide translation for any party to the court
proceedings who is not familiar with the spoken or written languages commonly
used in the locality. In an area where people of a minority nationality live
in concentrated communities or where a number of minority nationalities live
together, the people's courts shall conduct bearings in the language or
languages commonly used in the locality and issue judgments, notices and other
documents in the language or languages commonly used in the locality.

    Article 7  All cases in the people's courts shall be heard in public,
except for those involving state secrets, private affairs of individuals and
the commission of crimes by minors.

    Article 8  The accused has the right to defence. Besides defending
himself, the accused has the right to delegate a lawyer to defend him. He may
also be defended by a citizen recommended by a people's organization or his
place of employment, by a citizen approved by the people's court, or by a near
relative or guardian. The people's court may also, when it deems it necessary,
appoint a counsel to defend him.

    Article 9  (Deleted on September 2, 1983)

    Article 10  The people's courts adopt the collegial system in the
administration of justice.

    Cases of first instance in the people's courts shall be tried by a
collegial panel of judges or of judges and people's assessors; simple civil
cases, minor criminal cases and cases otherwise provided for by law may be
tried by asingle judge. (Revised on September 2, 1983)

    Appealed or contested cases in the people's courts are handled by a
collegial panel of judges.

    The president of the court or the chief judge of a division appoints one
of the judges to act as the presiding judge of the collegial panel. When the
president of the court or the chief judge of a division participates in the
judicial proceedings, he acts as the presiding judge.

    Article 11  People's courts at all levels set up judicial committees which
practise democratic centralism. The task of the judicial committees is to sum
up judicial experience and to discuss important or difficult cases and other
issues relating to the judicial work.

    Members of judicial committees of local people's courts at various levels
are appointed and removed by the standing committees of the people's
congresses at the corresponding levels, upon the recommendation of the
presidents of these courts. Members of the Judicial Committee of the Supreme
People's Court are appointed and removed by the Standing Committee of the
National People's Congress, upon the recommendation of the President of the
Supreme People's Court.

    The presidents of the people's courts preside over meetings of judicial
committees of the people's courts at all levels; the chief procurators of the
people's procuratorates at the corresponding levels may attend such meetings
without voting rights.

    Article 12  In the administration of justice, the people's courts adopt
the system whereby the second instance is the last instance.

    From a judgment or orders of first instance of a local people's court, a
party may bring an appeal to the people's court at the next higher level in
accordance with the procedure prescribed by law, and the people's
procuratorate may present a protest to the people's court at the next higher
level in accordance with the procedure prescribed by law.

    Judgments and orders of first instance of the local people's courts at
various levels become legally effective judgments and orders if, within the
period for appeal, none of the parties has appealed and the procuratorate has
not protested.

    Judgments and orders of second instance of intermediate courts, higher
people's courts and the Supreme People's Court and judgments and orders of
first instance of the Supreme People's Court are all judgments and orders of
last instance, that is, legally effective judgments and orders.

    Article 13  Cases involving sentences of death, except for cases with
sentences imposed by the Supreme People's Court, shall be submitted to the
Supreme People's Court for approval. The Supreme People's Courts may, when it
deems it necessary, authorize higher people's courts of provinces, autonomous
regions, and municipalities directly under the Central Government to exercise
the power to approve cases involving the imposition of death sentences for
homicide, rape, robbery, causing explosions and others gravely endangering
public security and disrupting social order. (Revised on September 2, 1983)

    Article 14  If the president of a people's court finds, in a legally
effective judgment or order of his court, some definite error in the
determination of facts or application of law, he must submit the judgment or
order to the judicial committee for disposal.

    If the Supreme People's Court finds some definite error in a legally
effective judgment or order of the people's court at a lower level or if the
people's court at a higher level finds such error in a legally effective
judgment or order of the people's court at a lower level, it has the authority
to review the case itself or to direct the lower-level people's court to
conduct a retrial.

    If the Supreme People's Procuratorate finds some definite error in a
legally effective judgment or order of a people's court at any level or if the
people's procuratorate at a higher level finds such error in a legally
effective judgment or order of any people's court at a lower level, it has the
authority to lodge a protest in accordance with the procedure of judicial
supervision.

    The people's courts at all levels shall hold themselves responsible for
seriously handling a petition lodged by a party to a case against a legally
effective judgment or order.

    Article l5  If a people's court considers that the principal facts of a
case in which a people's procuratorate has initiated a public prosecution are
not clear and the evidence is insufficient, or there are illegalities in the
prosecution, the court may remand the case to the people's procuratorate
for supplementary investigation or notify the people's procuratorate to
rectify them.

    Article 16  If a party to a case considers that a member of the judicial
personnel has an interest in the case or, for any other reason, cannot
administer justice impartially, he has the right to ask that member to
withdraw. The president of the court shall decide whether the member
should withdraw.

    If a member of the judicial personnel considers that be should withdraw
because he has an interest in the case or for any other reason, he should
report the matter to the president of the court for decision.

    Article l7  The Supreme People's Court is responsible to and reports on
its work to the National People's Congress and its Standing Committee. Local
people's courts are responsible to and report on their work to the local
people's congresses at corresponding levels and their standing committees.

    The judicial work of people's courts at lower levels is subject to
supervision by people's courts at higher levels.

    (Paragraph 3 was deleted on September 2, 1983)
Chapter II  Organization, Functions and Powers of the People's Courts

    Article 18  Basic people's courts are:

    (1) county people's courts and municipal people's courts:

    (2) people's courts of autonomous counties; and

    (3) people's courts of municipal districts.

    Article 19  A basic people's court is composed of a president,
vice-presidents and judges.

    A basic people's court may set up a criminal division, a civil division
and an economic division, each with a chief judge and associate chief judges.
(Revised on September 2, 1983)

    Article 20  A basic people's court may set up a number of people's
tribunals according to the conditions of the locality, population and cases. A
people's tribunal is a component part of the basic people's court, and its
judgments and orders are judgments and orders of the basic people's courts.

    Article 21  Except for cases otherwise provided for by laws or decrees,
a basic people's court adjudicates criminal and civil cases of first instance.
When a basic people's court considers that a criminal or civil case it is
handling is of major importance and requires trial by the people's court at
a higher level, it may request that the case be transferred to that court for
trial.

    Article 22  Besides trying cases, a basic people's court undertakes the
following tasks:

    (1) settling civil disputes and handling minor criminal cases that do not
need to be determined by trials;

    (2) directing the work of people's mediation committees. (Revised on
September 2, 1983)

    (Item (3) was deleted on September 2, 1983)

    Article 23  Intermediate people's courts are:

    (1) intermediate people's courts established in prefectures of a province
or autonomous region:

    (2) intermediate people's courts established in municipalities directly
under the Central Government:

    (3) intermediate people's courts of municipalities directly under the
jurisdiction of a province or autonomous region; and

    (4) intermediate people's courts of autonomous prefectures.

    Article 24  An intermediate people's court is composed of a president,
vice-presidents, chief judges and associate chief judges of divisions, and
judges.

    Each intermediate people's court shall set up a criminal division, a civil
division, an economic division, and such other divisions as are deemed
necessary. (Revised on September 2, 1983)

    (Paragraph 3 was deleted on September 2, 1983)

    Article 25  An intermediate people's court handles the following cases:

    (1) cases of first instance assigned by laws and decrees to their
jurisdiction;

    (2) cases of first instance transferred from the basic people's courts;

    (3) cases of appeals and of protests lodged against judgments and orders
of the basic people's courts; and

    (4) cases of protests lodged by the people's procuratorates in accordance
with the procedures of judicial supervision.

    When an intermediate people's court considers that a criminal or civil
case it is handling is of major importance and requires trial by the people's
court at a higher level, it may request that the case be transferred to that
court for trial.

    Article 26  Higher people's courts are:

    (1) higher people's courts of provinces;

    (2) higher people's courts of autonomous regions; and

    (3) higher people's courts of municipalities directly under the Central
Government.

    Article 27  A higher people's court is composed of a president,
vice-presidents, chief judges and associate chief judges of divisions, and
judges.

    A higher people's court shall set up a criminal division, a civil
division, an economic division, and such other divisions as are deemed
necessary.

    Article 28  A higher people's court handles the following cases:

    (1) cases of first instance assigned by laws and decrees to their
jurisdiction;

    (2) cases of first instance transferred from people's courts at lower
levels:

    (3) cases of appeals and of protests lodged against judgments and orders
of people's courts at lower levels; and

    (4) cases of protests lodged by people's procuratorates in accordance with
the procedures of judicial supervision.

    Article 29  The organization, functions and powers of special people's
courts shall be prescribed separately by the Standing Committee of the
National People's Congress.

    Article 30  The Supreme People's Court is the highest judicial organ of
the State.

    The Supreme People's Court supervises the administration of justice by the
local people's courts at various levels and by the special people's courts.

    Article 31  The Supreme People's Court is composed of a president,
vice-presidents, chief judges and associate chief judges of divisions, and
judges.

    The Supreme People's Court shall set up a criminal division, a civil
division, an economic division, and such other divisions as are deemed
necessary.

    Article 32  The Supreme People's Court handles the following cases:

    (1) cases of first instance assigned by laws and decrees to its
jurisdiction and which it considers should itself try;

    (2) cases of appeals and of protests lodged against judgments and orders
of higher people's courts and special people's courts; and

    (3) cases of protests lodged by the Supreme People's Procuratorate in
accordance with the procedures of judicial supervision.

    Article 33  The Supreme People's Court gives interpretation on questions
concerning specific application of laws and decrees in judicial proceeding.
Chapter III  Judicial and Other Personnel of People's Courts

    Article 34  Citizens who have the right to vote and to stand for election
and have reached the age of 23 are eligible to be elected presidents of
people's courts or appointed vice-presidents of people's courts, chiefjudges
or associate chief judges of divisions, judges or assistant judges; but
persons who have ever been deprived of political rights are excluded.

    Judicial personnel of people's courts must have an adequate knowledge of
the law. (This paragraph was added on September 2, 1983)

    Article 35  Presidents of local people's courts at various levels are
elected by the local people's congresses at corresponding levels, and their
vice-presidents, chief judges and associate chief judges of divisions, and
judges are appointed and removed by the standing committees of the local
people's congresses at corresponding levels.

    Presidents of intermediate people's courts established in prefectures of provinces or in municipalities. directly under the Central Government are
elected by the people's congresses of the provinces and municipalities
directly under the Central Government, and their vice-presidents, chiefjudges
and associate chief judges of divisions, and judges are appointed and removed
by the standing committees of the people's congresses of the provinces and
municipalities directly under the Central Government.

    Presidents of local people's courts at various levels established in
national autonomous areas are elected by local people's congresses at
corresponding levels in these areas, and their vice-presidents, chief judges
and associate chief judges of divisions, and judges are appointed or removed
by the standing committees of local people's congresses at corresponding
levels in these areas.

    The President of the Supreme People's Court is elected by the National
People's Congress, and its vice-presidents, chief judges and associate chief
judges of divisions, and judges are appointed or removed by the Standing
Committee of the National People's Congress.

    Article 36  The term of office of presidents of people's courts at all
levels is the same as that of people's congresses at corresponding levels.

    People's congresses at all levels have the power to remove from office
the presidents of people's courts elected by them. If the standing committee
of a people's congress deems it necessary to replace the president of a local
people's court at the corresponding level when the congress is not in session,
it shall report the matter to the people's court at the next higher level for
submission to the standing committee of the people's congress at the next
higher level for approval.

    Article 37  People's courts at all levels may, according to their needs,
be staffed with assistant judges, who shall be appointed or removed by the
people's courts themselves. (Revised on September 2, 1983)

    Assistant judges help the judges in their work. Upon the recommendation of
the president of the court and with the approval of the judicial committee, an
assistant judge may provisionally exercise the functions of a judge.

    Article 38  Citizens who have the right to vote and to stand for election
and have reached the age of 23 are eligible to be elected people's assessors,
but persons who have ever been deprived of political rights are excluded.

    During the period of the exercise of their functions in the people's
courts, the people's assessors are members of the divisions of the courts in
which they participate, and enjoy equal rights with the judges.

    Article 39  During the period of the exercise of their functions, the
people's assessors continue to receive wages as usual from their regular place
of employment; people's assessors who are not wage-earners are given
reasonable allowances by the people's courts.

    Article 40  People's courts at all levels have clerks to keep records of the court proceedings and to take charge of other matters concerning the
trials.

    Article 4l  Local people's courts at various levels have marshals to carry
out the execution of judgments and orders in civil cases and the execution, in
criminal cases, of the parts of judgments and orders concerned with property.

    Local people's courts at various levels have forensic physicians.

    People's courts at all levels have a certain number of judicial policemen.

    Article 42  (Deleted on September 2, 1983)